Other conditions Board decisions

The Board has remanded the case due to incomplete VA examination for service connection of a left lower leg disorder. The issue of entitlement to TDIU is also remanded as it is inextricably intertwined with the claim for service connection.

The reduction of the Veteran’s disability rating for bilateral cataracts with bilateral retinopathy to 30 percent effective October 1, 2019 was proper. A rating higher than 30 percent is denied.

The Board has remanded the claims for death benefits and accrued benefits for the deceased Veteran's minor children JM and SM due to a lack of legible court documents showing that the appellant is their legal guardian.

The Veteran's right collar bone fracture is rated at 20 percent, and the claim for a higher rating is denied. The Veteran's actinic keratosis is now rated at 60 percent from September 9, 2010.

The Board has dismissed the appeals for service connection of adenocarcinoma of the lower esophagus and lower denture bone loss due to adenocarcinoma of the lower esophagus as the Veteran died during the appeal process.

The Board has decided that the overpayment in the amount of $2,466.33 was improperly created due to concurrent receipt of VA compensation benefits and drill pay. The decision is remanded for further action.

The Board has remanded the case due to insufficient opinions regarding service connection for a bilateral foot disability and its aggravation during active service. The Veteran's claim is being returned for further examination and opinion.

The Veteran's appeal was dismissed because he died during the pendency of his case, and the Board has no jurisdiction to adjudicate the merits of his claim.

The Veteran's claim for service connection for vertebral fracture is denied due to the character of discharge from other than honorable conditions.,Service connection for bilateral cataracts with pinguecula is also denied as there is no evidence linking these conditions to active duty service. The Board found that the Veteran’s right eye injury did not result in any residual disabilities and his current cataracts are age-related.,The Veteran's claim for service connection for bilateral cataracts with pinguecula, for the purpose of receiving VA health care benefits authorized by Chapter 17, is also denied.

The Board granted a partial waiver of recovery for the overpayment of VA compensation benefits in the amount of $4,737.49 due to a retroactive reduction for FY 2018 active pay, finding it against equity and good conscience but not against the principles of equity and good conscience.

The Board has granted the Veteran's claim of service connection for pericarditis, finding that his current condition first manifested during active duty and has continued since separation. The decision is based on credible testimony from the Veteran and a private medical opinion establishing a nexus between his service and his current condition.

The Veteran's death certificate indicates he died in December 2018. The appellant submitted a claim for accrued benefits in January 2020, more than one year after the Veteran’s death. The Board found that the application was not timely filed and denied the accrued benefits claim.

The Veteran's stepdaughter was granted Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38 of the United States Code, starting from September 22, 2018. The decision is based on the appellant's request and VA's acknowledgment that she wanted to start her DEA benefits in September 2018.

The Board has granted the Veteran's claim for service connection for colon cancer due to herbicide exposure, specifically Agent Orange. The evidence supports a finding that his current diagnosis is at least as likely as not related to his in-service exposure.

The Board denied the appellant's appeal due to her substantive appeal being untimely filed, more than 60 days after the issuance of the SOC and over a year after the original rating decision.

The Board has remanded the case due to errors in duty to assist and for additional attempts to obtain missing service treatment records. The Veteran is also required to provide a VA medical opinion regarding his mental state at the time of his AWOL.

The Board denied the appellant's claim for an earlier effective date of October 22, 2019 for the grant of special monthly pension (SMP) for aid and attendance. The decision found that the formal claim was received more than one year after the intent to file a claim.

The Board has found that there was a pre-decisional duty to assist error due to the lack of a full copy of the informed consent document, and thus remanded for VA to obtain all records contained in VistA imaging, including a full copy of the informed consent from the May 2006 right eye surgery.

The Veteran's application for VET TEC educational benefits was denied because he had already exhausted his Chapter 33 education benefits and did not have any remaining entitlement in other VA educational programs. The Board recognized the unfortunate timing of events but could not grant the appeal as it is bound by the applicable law.

The Board has granted the Veteran's appeal, finding that an apportionment of his VA compensation benefits to S.P. for the benefit of N.B., the Veteran’s minor child, would cause undue hardship on him.